5160:1-3-05.13
Medicaid: treatment of the home.

(A)
This rule
describes the treatment of an individual's home for purposes of determining
eligibility for medical assistance.

(B)
Definitions.

(1)
"Home", for the purpose of this rule, means any
property in which an individual has an ownership interest in and which serves
as the individual's principal place of residence. Home includes the structures
and land appertaining to the home property. Appertaining land must adjoin the
land on which the home property is located and must not be separated by
intervening land property owned by others.

(2)
"Principal place
of residence" means the dwelling the individual considers his or her
established or principal home and to which, if absent, he or she intends to
return. Principal place of residence can be real or personal property, fixed or
mobile, and located on land or water.

(a)
Only one living
place may be established as the principal place of residence.

(b)
The
administrative agency must obtain a signed statement, declaring the principal
place of residence, when there is an indication the individual resides in or
has ownership of more than one place.

(C)
The home lived
in, owned by, and considered the principal place of residence by the
individual, the couple, or the parents with whom the eligible child is living
is an excluded resource, regardless of value.

(1)
For the value of
the home to be excluded:

(a)
The home must be the individual's, the individual's
spouse's, or the parents' with whom the eligible child is living principal
place of residence; and

(b)
The deed to the home must be in the individual's,
individual's spouse's, or the eligible child's parents' name;
or

(c)
The home must be deeded to a revocable trust so long as
the principal of the trust remains a resource of the individual or the
individual's spouse.

(2)
The home is no
longer considered to be the principal place of residence and shall be treated
as a countable resource if the individual does not intend to return to the
home.

(3)
A temporary absence from the home does not affect the
principal place of residence exclusion so long as the individual provides a
signed statement of his or her intentions to return to the home and has not
established permanent residence elsewhere.

(4)
If the individual
leaves the home with no intentions of returning, the home remains an excluded
resource for as long as:

(a)
A spouse or dependent relative of the individual
continues to live there while the individual is receiving long-term care
services, in accordance with Chapter 5160:1-6 of the Administrative Code.